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OH10: Recent occurrence of child sex abuse and uncooperative mother justified warrantless entry by CPS worker under Fisher

By John Wesley Hall, Jr.

An immediate report of child sex abuse where a CPS officer actually saw the injury and the crying child was sufficient exigency for entry into the mother’s home to take other children. There were other factors of the mother not cooperating in refusing to the children to the hospital and the possible assailant still being nearby. Under Fisher, proof of exigency does not have to be "ironclad." City of Columbus v. Montgomery, 2011 Ohio 1332, 2011 Ohio App. LEXIS 1166 (10th Dist. March 22, 2011) [*P41] The primary issue to be determined here is whether or not the circumstances at issue gave rise to exigent circumstances and/or the need for emergency aid, thus justifying the warrantless entry into appellant’s home. The trial court determined that such exigent circumstances existed and we find no error in that determination...continue to full post

Full post as published by Fourth Amendment on March 24, 2011 (boomark / email).